Have You Experienced a Cash Seizure at the CBX? Our CBP Cash Seizure Attorney Can Help.
If your cash was recently confiscated while traveling between San Diego and the Tijuana Airport via the Cross Border Xpress, an experienced CBX cash seizure attorney can assist you in retrieving your property.
Contact San Diego Defenders – Forfeiture Law Firm at (619) 258-8888 for a complimentary and confidential consultation.
This situation can be quite overwhelming, and you probably have numerous questions.
With over 60 years of combined legal experience, the San Diego Defenders – Forfeiture Law Firm handles all necessary paperwork, communications, and negotiations, guiding you through the process until your property is returned. We provide free consultations.
Each year, many travelers are stopped at CBX, with U.S. Customs and Border Protection (CBP) seizing significant amounts of cash.
According to the Smart Border Coalition, 2,285,000 pedestrians used the CBX in FY2024 alone, averaging 6,300 travelers daily.
What many don’t realize is that carrying more than $10,000 in cash when traveling internationally requires filing a FinCEN Form 105.
If you fail to complete the required documents properly, your entire cash amount could be taken.
Our law firm is dedicated to representing individuals affected by cash and property seizures at CBX, Otay Mesa, and other border crossing points in San Diego.
We have the expertise to handle federal asset forfeiture cases and are committed to helping you recover your funds. Check our recent success stories here.
As a seasoned cash seizure attorney at CBX, our firm frequently encounters travelers who are surprised to discover that while carrying large sums of cash is legal, 31 U.S.C. § 5316mandates that anyone transporting over $10,000 in cash or monetary instruments must declare it using the proper form.
Failing to report, making mistakes on the form, deliberately hiding cash, or distributing amounts among travelers to evade detection can lead to cash confiscation under 31 U.S.C. § 5317(c)(2), § 5332(a), or § 5324(c).
CBP officers at the CBX are trained to identify unreported currency and check for signs of bulk cash smuggling or structuring.
Even travelers with lawful intentions and legitimate funds may face forfeiture challenges.
What Is the FinCEN Form 105?
The FinCEN Form 105 is a vital declaration document needed when transporting more than $10,000 across U.S. borders.
Customs agents will aggregate the currency of family members, even if each individual carries less than $10,000.
As a CBX cash seizure attorney, our firm frequently assists clients who are unaware of this obligation or mistakenly believe that spreading cash among companions exempts them from filing.
Click hereto learn more about cash seizures by CBP when the FinCEN Form 105 is not filed.
Travelers entering Mexico through the Cross Border Xpress must also complete the FMM (Forma Migratoria Múltiple).
This form can be filled out at machines on the CBX counters in the San Diego terminal or online and printed before your trip.
Sample FMM Form courtesy of Cross Border Xpress.
The FMM must be presented to Mexican Immigration Officials upon entering and leaving the Tijuana Airport via the CBX.
While it requires basic passenger information, the FMM does not have a section to declare the cash you bring.
Nevertheless, inconsistencies between your FMM details and your stated travel purpose can lead to closer scrutiny with CBP when returning to the U.S., potentially resulting in cash being seized.
We assist clients in clarifying misunderstandings with CBP and correcting any discrepancies in their cash seizure situations.
Successful Case Outcome: Complete Recovery of Funds
One of our prior clients, a licensed medical professional residing in Mexico, had over $12,190 in U.S. dollars and 23,920 Mexican pesos seized by CBP at the Otay Cross Border Xpress.
Planning to celebrate the New Year with family in San Diego, they had lawfully earned the funds and truthfully answered all of Customs’ inquiries.
Unaware of the FinCEN Form 105 requirement, they divided their cash with their partner for safety, leading CBP to seize their funds under multiple statutes, citing alleged structuring, bulk cash smuggling, and failure to report under these code sections: 31 U.S.C. § 5317(c)(2), § 5332(a), § 5324(c), and § 5326(a)(1)(B).
No evidence of criminal activity was found; Attorney Dan Smith proved the funds were legitimate through proper documentation (ex., Tax returns) and that the client’s failure to file was purely a misunderstanding.
As the client’s CBX cash seizure attorney, Mr. Smith filed a claim asserting the legitimacy of the funds, leading to the complete recovery of both the U.S. dollars and pesos.
Choosing to file a claim ensures prompt negotiation between attorneys, particularly due to the 90-day litigation window.
Two other options on the Election of Proceedings form, offers in compromise and petitions, have no set time limit for CBP officers to respond; therefore, your case could go months without a response.
What to Anticipate Following a CBX Cash Seizure
If your cash has been seized by Customs and Border Protection (CBP), the agency will provide a Custody Receipt (CBP Form 6051S).
In cases where the Election of Proceedings and Notice of Seizure and Information to Claimants forms are not available on-site, you can expect these documents to be mailed to the property owner(s) via certified mail within 3-4 weeks of the seizure date.
Please note that it can take CBP about 30-60 days post-seizure to dispatch these forms.
You generally have 30 days from the date printed in the top left corner to file a response, including a claim or petition.
It’s crucial to act promptly, as failure to respond in a timely manner may lead to permanent forfeiture and loss of your assets.
For a thorough evaluation of your circumstances, reach out to us at (619) 258-8888.
The Importance of Hiring an Asset Forfeiture Attorney
Enlisting the services of an experienced CBX cash seizure attorney who specializes in asset forfeiture enhances your position significantly.
We are well-versed in the procedures utilized by CBP as well as the relevant federal laws that govern them.
Our legal team has successfully fought seizures at CBX and other border checkpoints, understanding how to establish lawful ownership, rectify reporting mistakes, and confront overreaching actions by government authorities.
We pride ourselves on quick response times, bilingual English-Spanish support, and transparent flat-fee pricing, ensuring that you know exactly what to expect.
Contact Our Asset Forfeiture Law Firm – Don’t Allow CBP to Keep Your Funds
If your cash has been seized at the CBX, it’s vital to act swiftly.
You have a narrow timeframe to pursue legal recourse.
San Diego Defenders – Forfeiture Law Firm is prepared to advocate for the return of your funds and safeguard your rights.
Contact us today at (619) 258-8888 for a free and confidential consultation with a reputable CBX cash seizure attorney.
Though we’re located in Chula Vista, California, our services extend to clients across the nation, including in New York, Arizona, Texas, Vermont, Michigan, Washington, and all remaining 50 states!
